Introduction to Federal Indian Law

What is Tribal Sovereignty? 

Sovereignty is the most important idea in tribal law. It means that Native American tribes have the right to govern themselves. They are like their own countries, but they are located inside the United States.

Long ago, a Supreme Court judge named John Marshall called tribes "domestic dependent nations." This means tribes are not foreign countries, but they are also not just another state. They are special nations with their own governments. This gives tribes the power to make their own laws, decide who is a member of their tribe, and manage their lands.

Who has the power on tribal lands? 

It can be confusing to know who has the authority to handle crimes on tribal lands, also known as "Indian country."

• Tribal Courts: These courts usually handle crimes committed by tribal members against other tribal members on the reservation.

• Federal Government: The U.S. government handles more serious crimes, like murder, if they happen on tribal lands.

• State Governments: States usually don't have power over crimes on tribal lands. This can be a problem, especially with crimes against Native women, because sometimes non-Native people who commit crimes on reservations can't be punished by tribal courts.

The Trust Responsibility 

The federal trust responsibility is a promise the U.S. government made to protect tribes. This promise started when tribes gave up huge amounts of land in exchange for the government's protection and services like healthcare and education. This promise means the U.S. government has a duty to look out for the best interests of the tribes.

Tribes and Their Economies 

In recent years, tribes have started to get more control over their own lives. This is called self-determination. It has helped tribes build their economies and create jobs. Many tribes have opened casinos and other businesses. The money they earn helps them pay for important things like schools, hospitals, and roads on their lands. This economic power helps tribes become stronger and more independent.

Ongoing Challenges 

Even with all the progress, tribes still face big challenges:

• Water and Land Rights: Tribes often have to fight for their rights to water and other natural resources that are part of their land and history.

• Protecting Culture: It's a legal battle to get sacred objects and the remains of ancestors back from museums and other places, so they can be cared for properly.

• Voting: Tribal members can face special problems when they try to vote. This can make it hard for their voices to be heard in elections.